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University of Illinois Library 


HY tu 1980 


L161—H41 


LIBRARY 
LAWS_ 


of 
SOUTH 
DAKOTA 


In Force 


July I, 1924 


South Dakota-Free Library Commission * 


Pierre 


1924 


CITY, TOWN AND TOWNSHIP LIBRARIES 
South Dakota Revised Code, 1919. 


§ 9934. Establishment. Whenever five per cent of the legal voters 
of any city, town or township, as shown by the vote at the preceding gen- 
eral election therein, shall petition the city council, city commission, town 
board of trustees or township board of supervisors so to do, such council, 
commission, board of trustees or board of supervisors shall, at the next 
city, town or township election, or at a general election held therein, if 
such general election shall be held before the city, town or township elec- 
tion, submit to a vote therein the question of the establishment of a free 
public library in such city, town or township, and jf a majority of the 
votes cast upon such question at such election shall be in favor of the 
establishment of such free public library, the mayor of such city or the 
president of such town board of trustees, or the chairman of such town- 
ship board of supervisors, shall forthwith appoint a board of public library 
trustees, and such public library trustees shall exercise such powers in 
establishing, regulating and maintaining a free public library as are given 
to them by this article. 


Source: § 13, Ch, 217, 1913. 


§ 9935. Trustees—Appointment. The mayor of any city, the presi- 
dent of the board of trustees of any town or the chairman of the board of 
supervisors of any civil township, in which a free library is now or here- _ 
after may be established pursuant to law, shall appoint five competent citi-- - 
zens, two of whom shall be women, and not more than one of whom shall 
be a member of the appointive body, to be confirmed by the council, com- 
mission, trustees or supervisors, and to be known as the public library 
trustees. One of such trustees shall be appointed for one year, two fof 
two years, and two for three years, and thereafter each for three year 
or until his successor is appointed and confirmed; provided, that any trus: 
tee or director now in office shall continue in office until the expiration of 
the term for which he was appointed. Such public library trustees shall 
receive no compensation for their services. Any schocl board and board 
of library trustees may agree to unite the school library, with the excep- 
tion of such reference books as it is deemed necessary to keep within the 
school, with the public library, in which case the sum to be expended by 
the school for books shall be turned over to the library trustees and, if 
so united, a representative of the schools shall be a member of the board 
of trustees. 

Source: §° 7; Ch.) 21%) 19.1335. 2, «Che G95, 
B15: 


\ 


§ 9936. Trustees—Duties. It shall be the duty of such public librar 
trustees to provide suitable accommodations for the free public librar 
and for the accommodation of the public in using the same. They sha 
select the books, papers and periodicals for such free public library ant 
they may exclude from such library any reading matter they may deer 
harmful. They may accept gifts of books, money or property for the use 
and benefit of such free public library. They shall appoint the librarian 
and other persons necessary for the care of such library and shall fix their 
compensation. Such public library trustees shall make all necessary rules 
and regulations pertaining to the use and circulation of the books and 
periodicals of such library and shall determine what books may be circu- 
lated and what shall be retained in the library for reference purposes only, 
and they may provide for the circulation of the books in the rural com- 
munities outside of the limits of the city, town or township in which the 
library is located. And such public library trustees shall have the power 
to place certain books upon a pay shelf, for the use of which a reasonable 
charge may be made. | 

Source: § 8, Ch. 217, 1913. 


| 521.8 ys 


. ye °§ 9937. Tax Levy. On or before the first day of August in each 
: “year such public library trustees shall make a careful estimate of. the 
necessary expense for the maintenance of the free public library for the 
ensuing year and shall certify the same to the city council, city commis- 
sion, board of trustees or board of supervisors, of the city, town or town- 

ship i in which the library is located, and such council, commission, trustees 

or board shall include such expense in the regular tax levy of such city, 
town or township for the ensuing year, and the same shall be extended 

» and collected as are other taxes and the proceeds thereof paid to the city, 


town or township treasurer. 
Source: § 9, Ch. 217, 1913 


§ 9938. Duty of Local Treasurer. It shall be the duty of the city, 
town or township treasurer to keep all funds derived from the levy for 
_ the support of the free public library in a separate fund and to pay the 
_ Same upon warrants duly drawn by the public library trustees. 
Source: § 10, Ch. 217, 1913. 


§ 9939. Limitation of Expense. The total expense for the mainte- 
nance of a free public library shall not in any year exceed two mills on 
. the dollar of assessed valuation in the city, town or township wherein it 
is located. 
Source: § 11, Ch. 217, 1913. 


§ 9940. Report of Trustees. It shall be the duty of the public 
library trustees of each public library, on or before the first day of August 
in each year, to make a report to the state library commission, upon blanks 
provided by the state library commission for that purpose, which report 
shall be for the fiscal year ended on the thirtieth day of June next pre- 
ceding such report. 

Source: § 12, Ch. 217, 1913. 


COUNTY LIBRARIES. . 
1921 Session Laws. 


Section 1. When a petition is filed with the county auditor of any county 
in this state signed by at least forty per cent of the legal voters of such 
county, as shown by the vote cast for the governor at the last general election 
therein, which petition shall be signed in at least sixty per cent of the taxing 
districts of such county affected thereby, providing that the board of county 
commissioners establish a free library for such county, the said board of 
county commissioners is authorized and is directed to establish such 
library, and in that event and for that purpose the provisions of this Act 
shall become effective and applicable, and in case a library is so established 
the county commissioners shall levy a suitable tax to maintain the same. 


Section 2. If there is no free public library in such county, suitable or 
available for use as a central library of the county system, the board of 
county commissioners upon the filing of a petition provided for in Section 1 
of this Act, shall appoint a board of county public library trustees for each 
county, consisting of five competent citizens, two of whom shall be 
women, and not more than one of whom shall be a member of the appoint- 
ing board. One of said trustees shall be appointed for one year, two for 

~two years, and two for three years, and annually thereafter, or whenever 
a vacancy may occur, for a term of three years, respectively, or until their 
successors are appointed and qualified. The said board of county public 
library trustees shall exercise such powers in establishing, regulating and 
maintaining a free public library as are given to them by this chapter. 
Such county public library trustees shall receive no compensation for their 
services as the trustees. The county librarian shall be the secretary of such 
board of county library trustees. 


3 


Section 3. Such county library trustees shall qualify within ten days after 
their appointment by taking, subscribing and filing with the county auditor 
of such county, an oath that they will support the Constitution of the 
United States and of this State, and that he or she will faithfully and im- 
partially to the best of her knowledge and ability perform all the duties of 
county public library trustee. 


Section 4. It shall be the duty of the county public library trustees to 
provide suitable accommodations for the free public library and for the ac- 
commodations of the public in using the same. They shall select books, — 
papers and periodicals for such county free public library, and they may 
exclude from such library any reading matter they may deem harmful; 
they may accept gifts of books, money or property for the use and benefit of 
such public library. They shall appoint a librarian and other persons neces- 
sary for the care of such library and fix their compensation. Any librarian 
so appointed shall have the qualifications and training as shall be approved 
by the State Library Commission. The county public library trustees shall 
make all necessary rules and regulations pertaining to the use and selec- 
tion of the books and periodicals of said library and shall determine what 
books may be circulated and what shall be retained in the library for refer- 
ence purposes only, and they may provide for the circulation of the books 
in the rural communities of such county, and said public library trustees 
shall have the power to place certain books upon a pay shelf, for which a 
reasonable charge may be made for the use thereof. 


Section 5. On or before the first day of August of each year, the county 
public library trustees shall make careful estimate of the necessary expen- 
ses for the maintenance and extension of the county free public library for 
the ensuing year and shall certify the same to the board of county com- 
missioners of the county in which the library is located; the said board of 
county commissioners shall levy tax upon the taxable property of the 
county sufficient therefor, but not to exceed in any one year a rate 
of one-half of one mill upon the taxable property of such county, which 
taxes shall be extended and collected as are other taxes, which tax when 
collected shall constitute the county free library fund of such county and 
shall be credited to the county library fund and the cost of maintenance 
and extension of such county free library shall be paid therefrom, which 
fund shall be paid out upon warrants drawn by the county auditor of the 
county based upon vouchers filed by the board of county public library 
trustees. Provided, that in making the levy of taxes for the support of 
county free library by the board of county commissioners of any county 
of the state, it shall omit from such levy any taxing district that may at 
the time of making such levy be maintaining a free public library by 
revenue derived from taxes in such taxing district and residents of any 
taxing district so omitted shall be entitled to the benefits of such county 
library only by complying with such rules and regulations as may be made 
by the public library trustees and by payment of such fees and charges 
as may be required by such rules. 


Section 6. In counties where there are one or more free libraries, the 
board of county commissioners are authorized and empowered to take over 
the care and control of the same upon such terms and conditions as may be 
agreed upon by and between such board of county commissioners and the 
then existing board of library trustees of such libraries. The board of coun- 
ty commissioners may contract with the library board of such county for 
free service to all residents of the county upon such terms as may be 
agreed upon between such commissioners and the library board for 
a term of five years to be thereafter renewed, if terms can be agreed 
upon, for terms not less than five nor more than ten years. Provided, 
also, that if there is more than one such free public library in the 


A 


county, the board of county commissioners may contract with each of such 
library boards for such free service if in its judgment advisable. Pro- 
vided further, that in case the board of county commissioners and said 
library board of such city, town or township are not able to agree upon 
terms satisfactory to both, that in that event the board of county com- 
missioners shall proceed to appoint a board of county public library 
trustees as hereinbefore provided. It is also provided herein that in case 
twenty per cent or more of the cost of maintaining any such library thus 
contracted with shall be borne by the county, then there shall be two 
members added to such board of library trustees to be appointed by the 
county commissioners of the county to act upon county affairs in connec- 
tion therewith. 


Section 7. It shall be the duty of the county public library trustees, or 
the public library trustees contracted with as hereinbefore provided, on or 
before the first day of August in each year to make a report, in duplicate, 
filing one with the board of county commissioners, and the other with the 
Free Library Commission, upon blanks provided by the Free Library Com- 
mission for such purpose, which report shall be for the fiscal year ending 
June 30 next preceding such report; providing, however, that in counties 
where the county commissioners contract with the library board, then and 
in that event, such report shall be made in triplicate, the additional copy 
to be filed with the body appointing such board. 


Section 8. All Acts and parts of Acts in conflict with the provisions of 
this Act are hereby repealed. 
Approved March 12, 1921. 


STATE LIBRARY COMMISSION 
South Dakota Revised Code, 1919. 


§ 9914. Membership. The state library commission, heretofore cre- 
ated, shall continue to consist of the governor, the superintendent of public 
instruction, the state librarian, and two additional members whose term 
of office shall be three years, to be appointed by the governor; provided, 
that such additional members shall be appointed, one from nominations 
made by the state library association and one from nominations made by 
the state federation of women’s clubs; and provided, further, that_on or 
before the first day of January of each year in which an expiration of the 
term of any such member of the state library commission occurs, the state 
library association and the state federation of women’s clubs shall file 
with the governor the names of three members from which the successor 
to such member may be chosen. 

— Seon Zee i giton 


§ 9915. President. The superintendent of public instruction shall be 
president of such commission and the state librarian shall be the secretary 
thereof. It shall maintain its office in the state library at the capitol. 

Source: § 4, Ch. 217, 19138. 


§ 9916. Duties of Commission. It shall be the duty of the state 
library commission and it shall have authority: 

1. To supervise the state library and make rules and regulations 
under which the books, documents and manuscripts therein may be used 
by the public. It may accept gifts of books, money or property for the 
use of the state library and it shall select and purchase books therefor 
from any funds available for the purpose. 


5 


2. To arrange, in suitable packages for shipment, properly selected 
and classified collections of books and pictures, secured through purchase 
or gift, to be loaned to public libraries, traveling library associations, 
study clubs, farmers’ clubs, charitable and penal institutions and to indi- 
viduals, under such conditions and restrictions as shall make them the 
greatest good to the greatest number; provided, that such beneficiaries of 
such traveling libraries and collections shall give to the state library com- 
mission good and sufficient guaranty for the safekeeping and return of 
such books and the payment of all transportation charges thereon. 

3. To establish at the state library a cledring house for periodicals 
whereby public libraries, institutions and individuals may exchange peri- 
odical publications; provided, that the free library commission shall not 
incur any expense for the transportation of such periodicals as are not 
‘ required for use in the state library. 

4. To incorporate into the state library, from time to time, the mis- 
cellaneous books in the department of public instruction, not required in 
the administration of such department, and to designate such copies of 
the same as Shall be retained in the state library for reference purposes 
and such as may be employed in the traveling libraries. 

5. To render, upon request, assistance to county superintendents 
and to county library boards, in selecting books for school libraries. 

6. To render advice and assistance to communities which may pro- 
pose to establish public libraries and to encourage the establishment of 
the same; and it may prescribe approved methods for conducting the same 
and may send an assistant to any such community to assist in the estab- 
lishment of such library and the selection of books therefor, and may 
publish blanks for the purpose of securing uniform library accounting and 
reports. 

Source: § 5, Ch. 217, 1913; § J, Ch. 195, 
AWS bes 


§ 9917. Records. The state library commission shall keep a sub- 
stantial record of all its transactions and of the books and collections sent 
out through the traveling libraries, and shall make a biennial report of 
its proceedings to the governor, at the time and in the manner provided 
by sections 6922 and 7067, which report shall not exceed twenty-four 
pages in extent and shall be printed as are the reports of other officers 
and departments. 

Source: § 6, Ch. 217,°1913; Ch. 332, 1917. 


§ 9918. Free Use by Public. The use by the public of all the libra- 
ries under this chapter, subject to such reasonable rules and regulations 
as may be prescribed by the authorized commission or board, shall be free 
except as otherwise expressly provided in this chapter. 

Source: §§ 1, 2, Ch. 217, 1913. 


STATE LIBRARY 
South Dakota Revised Code, 1919. 


§ 9919. Defined. The state library shall continue to consist of the 
books, papers and documents now in the custody of and hereafter collected 
by the state historical society. 

Source: § 1, Ch. 164, 1905. 


§ 9920. Custody. The state library shall continue in the custody of 
the department of history, and the secretary of the state historical society 
shall be the librarian thereof. It shall be the duty of such librarian to 
arrange, classify and index the state library and keep it at all times during 
the usual office hours available for examination by the public. 

Source: § 2, Ch. 164, 1905. G 


§ 9921. Surplus Reports. All surplus reports of state officers and 
departments shall be placed in such library; provided, that each officer 
and department shall determine if any reports of such office or depart- 
ment can be spared as surplus for the purpose. The librarian may sell or 
exchange any of such reports or other duplicate works which may come 
into the possession of the state library; provided, that the proceeds of the 
sale of such books and documents shall be paid into the state treasury 
and shall be paid out only upon the warrant of the state auditor for addi- 
tions to such library, for binding documents and publications or rebinding 
books in need of repair. The librarian may from time to time buy such 
books and publications as he may deem desirable for such library from 


any funds available for such purpose. 
Source: § 3, Ch. 164, 1905. 


§ 9922. Duty of Librarian. The state librarian shall maintain in the 
state library a division of legislative reference, in which he shall provide 
the reports of the various officers and boards of this state, and as far as 
may be of other states, and such other material upon economic and socio- 
logical subjects as he may be able to provide, and shall index and classify 
the same and make the information therein available for the use of the 
state legislature, and shall, as required, provide for the use of members 
of the legislature such information, assist in drafting bills, and in every 
reasonable way make the division useful in the preparation of legislation. 

Source: § 1, Ch. 185, 1907. 

§ 9923. Copies of Official Reports. The various departments, offi. 
cers and boards shall provide copies of their reports and publications for 
the legislative division of the state library, and the secretary of state is 
directed to supply to the same a complete set of the statutes and session 
laws of the state and of the reports of the supreme court. 

Source: § 2, Ch. 185, 1907, 

§ 9924. Certified Copies Evidence. A duly certified copy of any 
paper or document, article or advertisement in the custody of the depart- 
ment of history, made by any executive officer thereof under the seal of 
such department, may be accepted as prima facie evidence of the contents 
thereof in any court or proceeding in this state. 

Source: § 1, Ch. 133, 1907. 

§ 9925. Certified Copy of Legal Notice. A copy of any legal notice 
published in any newspaper printed in the territory of Dakota, or the state 
of South Dakota, in the custody of the department of history, duly certi- 
fied by any executive officer thereof, under the seal of the department of 
history, which certificate shall recite that the original files of such news- 
paper for all of the period for which such legal notice appeared therein 
are in the possession of the department of history, and shall state the | 
number of publications: which such legal notice received and the dates upon 
which each appeared in such newspaper, shall be accepted in any action or 
proceeding in this state as proof of service of such legal notice, with the 
same force and effect as the original -printer’s affidavit of the printing of 
such notice. Such copy of such legal-notice so certified shall be entitled 
to record in the office of the register of deeds. 

Source: § 2, Ch. 133, 1907. 

§ 9926. Fees for Copies. For making copies of any such paper, ad- 
vertisement, legal notice or document, the department. of history shall 
charge one cent for every ten words, and for every certificate thereto the 
sum of fifty cents, and all fees for copies and certificates so made shall 
be paid into the state treasury and credited to the state historical fund; 
provided, that in case of death certificates requested or required in pension 
cases by widows of soldiers serving in the war of the rebellion, the Span- 
ish American war or the war with Germany and Austria-Hungary, the 
same shall be furnished by the department of history upon request, free 


of charge. 
Source: § 3, Ch. 133, 1907; Ch. 301, 1915. 


SCHOOL LIBRARIES 
South Dakota Revised Code, 1919. a 
§ 9941. Library Fund Created. The county treasurer annually shall Ee 


withhold from the apportionment received from the interest and income 3 


fund, or other income for the schools of his county, an amount equal to 
ten cents per capita for each person of school age, which money shall 
constitute a library fund and shall be used in the purchase of library 


books as provided in this article. 
Source: § 206, Ch. 135, 1907. 


§ 9942. County Library Board. The county superintendent, county @ Le 
auditor, states attorney, superintendents of schools in independent dis- fa 


tricts; and principals of schools employing more than one teacher, shall @ 
constitute the county library board. Annually, between the first day of 

July and the first day of September, the county library board shall meet 
at the call of the county superintendent, who shall be chairman of such 
board, and expend the money provided for in the preceding section in the 


purchase of books selected from the list prepared by the superintendent He 


‘of public instruction. 
Source: § 207, Ch. 135, 1907. 


§ 9943. Librarian. The clerk of the school board shall act as : 


librarian, and shall receive and have the care and custody of the books, # 


and shall loan them to the teacher, pupils and other residents of the dis- 
trict in accordance with the regulations prescribed by the superintendent 
of public instruction. The clerk shall give a receipt for and keep a record § 
of the books received from the county library board, and shall include in 
his annual report such library statistics as such superintendent may fre- | 
quire. During the time the school is in session the library shall be placed 
in the school house, and the teacher shall act as librarian under the 

supervision of the district clerk. | 

Source: § 208, Ch. 135, 1907. 

§ 9944. Book Cases Provided. The school board shall eae suit- 

able cases for the books in each school. | 
Source: § 209, Ch. 135, 1907. 

§ 9945. Library Circuits. The county library board shall have power 
to designate library circuits, each composed of not more than ten schools. 
When one or more such library circuits shall have been organized, it shall 
be the duty of the county superintendent to employ a responsible person 
to move all the libraries provided for in this article. Such removals shall 
be made in January and July of each year, and in such order as the county 
superintendent shall direct, and the person making such removals shall 
receive therefor ten cents per mile for the distance necessarily traveled in 
making such exchange. Such mileage shall be paid by the county treasurer 
upon warrants issued by the county auditor, and shall be charged by the | 
county treasurer pro rata to the various school districts affected: Pro- 
vided, that no warrant for such mileage shall issue except on presentation 
of a voucher signed by the county superintendent; and provided, further, 
that the boards of education in independent districts may select such 
books as they may deem wise and shall forward a list of such books to the | 
chairman of the library board. 

Source: § 210, Ch. 135, 1907. 

§ 9946. Library Board, Compensation. The members of the county 
library board shall receive no compensation. The expense of postage, ex- 
press and freight necessarily incurred by such board in securing the books | 
shall be a charge upon the library fund provided in this article. 

Source: § 211, Ch. 1385, 1907. 

§ 9947. . Warrants on Library Fund. The county treasurer shall pay 

out money in the library fund upon vouchers signed by the county super- 


intendent and the county auditor. 
Source: § 212, Ch. 135, 1907. 


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